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On Remand from the United States Supreme Court. D.C. No. CV-96-01533-TEH.
ORDER
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The mandate of the United States Supreme Court certified on July 30, 1998 in Calderon v. Ashmus, Supreme Court No. 97-391, 1998 WL 422337, reversed the judgment of this court in Ashmus v. Calderon, this court's no. 96-16141. Accordingly, we vacate our opinion at 123 F.3d 1199 (1997), reverse the district court, and remand to the district court with instructions to dismiss the complaint consistent with the opinion of the Supreme Court.
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Honorable Helen Gillmor, District Judge for the District of Hawaii, sitting by designation